Murari Mohan Dutt, J.

1. This Rule is at the instance of the defendant and it is directed against Order No.57 dated 25.5.1977, of the learned Subordinate Judge, 4th Court, Alipore. By that order, the learned Subordinate Judge has dismissed the application of the petitioner under section 5 of the Limitation Act read with section 151 of the Code of Civil Procedure praying for condonation of the delay in making the deposit of rent for the month of March 1975 a few days beyond the time prescribed by the provisions of section 17(1) of the West Bengal Premises Tenancy Act, 1956.

2. It appears that the petitioner has been regularly depositing the rent with the Rent Controller, Calcutta. During the suit for ejectment, the petitioner deposited the rent for the month of March, 1975 on 21.4.1975, that is, five days beyond the time prescribed therefore. The opposite party made an application under section 17(3) of the said Act praying for striking out the defence of the petitioner against delivery of possession as he failed to deposit rent for the month of March, 1975 within the prescribed period. The petitioner also made an application under section 5 of the Limitation Act read with se